Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 26.04

Bankruptcy Application and Bankruptcy Application in a Case

             (1)  Unless this Chapter otherwise provides, a person must make an application required or permitted by the Bankruptcy Act to be made to the court:

                     (a)  if the application is not made in a bankruptcy case already commenced--by filing a Bankruptcy Application in the form Bankruptcy--Application ; and

                     (b)  otherwise--by filing a Bankruptcy Application in a Case in the form Bankruptcy--Application in a Case .

             (2)  A person may make an application to the court in relation to a bankruptcy case in respect of which final relief has been granted by filing a Bankruptcy Application in a Case in the form Bankruptcy--Application in a Case .

             (3)  The form Bankruptcy--Application must state:

                     (a)  each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations 1996 , under which the case is brought; and

                     (b)  the relief sought.

             (4)  The form Bankruptcy--Application in a Case must state:

                     (a)  if appropriate, each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations 1996 , or each rule of court under which the application is made; and

                     (b)  the relief sought.

Note:          Each application and appeal mentioned below must be commenced by filing the form Bankruptcy--Application . The list is not exhaustive:

(a)    an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt;

(b)    an appeal, under subsection 82(5) of the Bankruptcy Act, against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy;

(c)    an application, under section 153B of the Bankruptcy Act, for the annulment of a bankruptcy;

(e)    an application, under section 180 of the Bankruptcy Act, for acceptance of a trustee's resignation from the office of trustee of an estate;

(f)    an application, under section 183 of the Bankruptcy Act, for release of a trustee from the trusteeship of an estate.



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